In the Weeds – Cannabis Law blog

Joe is a frequent contributor to In the Weeds, a blog that aims to help keep today’s cannabis entrepreneur well-informed.

Recent Blog Posts

  • Update on Pennsylvania’s Medical Marijuana Practitioner Registry A few weeks ago, I blogged about the establishment of the Pennsylvania Medical Marijuana Program’s Practitioner Registry. As I noted there, having doctors registered and approved to certify patients as medical marijuana cardholders is critical for the success of Pennsylvania’s program. In the Department of Health’s Press Release announcing the Registry, the DOH noted that it surveyed close to 200 doctors, and 75% of them indicated they would register for the Program. According to Dr. Rachel Levine, Pennsylvania’s Physician General and the Acting... More
  • Pennsylvania Announces Practitioner Registry for Medical Marijuana Program In a July 26, 2017 Press Release, the Pennsylvania Department of Health announced the opening of its Practitioner Registry. This marks the next critical step in implementing Pennsylvania’s Medical Marijuana Program, which the DOH expects to be fully operational by 2018. Physicians can find out more about the Medical Marijuana Program here and complete the Registry here. Copyright: megaflopp / 123RF Stock Photo Last month, the DOH released final Regulations for Physicians and is now officially soliciting doctors to participate in the program.... More
  • Fox Employment Attorneys Provide Further Analysis on Massachusetts Medical Marijuana Ruling Yesterday, I blogged about the recent decision from the Massachusetts Supreme Court, Barbuto v. Advantage Sales and Marketing, in which the Court held that an employee could pursue her claims for disability discrimination after she was terminated for testing positive for marijuana. Over at Fox’s Employment Discrimination Report blog, my colleague Justin Schwam has further analysis on the decision. Check out Justin’s post here. Joseph McNelis works in Fox Rothschild’s Blue Bell, PA office and focuses his practice on labor and employment matters. Joe... More
  • Massachusetts High Court Allows Disability Discrimination Claims of Medical Marijuana User to Proceed In a decision awaited by many in the industry, the Massachusetts Supreme Judicial Court ruled that a licensed medical marijuana user who was fired after testing positive for marijuana can proceed with claims under the state’s “handicap discrimination” statute. The case is Cristina Barbuto v. Advantage Sales and Marketing and the Court’s opinion was issued on July 17, 2017. After accepting a job offer from Advantage Sales and Marketing, Barbuto was told she would be required to undergo a drug test. Barbuto,... More
  • Rhode Island Court Finds in Favor of Job Applicant Denied for Medical Marijuana Use In one of the first “employee friendly” decisions on this issue, a Rhode Island state court granted summary judgment to a plaintiff job applicant who sued for employment discrimination on the basis of her medical marijuana use. After the plaintiff disclosed as part of the application process that she was a medical marijuana user and would not pass the required pre-employment drug test, the company did not hire her and she filed suit. The case is Callaghan v. Darlington Fabrics Corp. via... More
  • Oklahomans to Vote on Medical Cannabis I know that the last thing anyone wants to discuss is the 2018 election, still more than a year away. So I promise – this post will not discuss any candidates, or the President. A ballot measure was recently approved to be placed on the ballot in Oklahoma for the 2018 cycle that could bring medical marijuana to the state. While many state programs have been created by the legislature, some states have done so through ballot measure, such as Arkansas... More
  • Pennsylvania to Announce Award of Medical Marijuana Grower-Processor Permits Via 123RF; Copyright : ayzek The Pennsylvania Department of Health has scheduled a press conference today at 1 PM where John Collins, the Director of the Office of Medical Marijuana, will announce the recipients of the first twelve permits to grow and process medical marijuana in Pennsylvania. The Director will also provide a general update on the Department’s progress in implementing the Commonwealth’s Medical Marijuana program. The event will be live-streamed and can be viewed here. And so it begins…! Joseph McNelis works in Fox Rothschild’s Blue... More
  • PA Department of Health Releases Final Physician Regulations I have blogged before about the Pennsylvania Department of Health’s Temporary Medical Marijuana Regulations for Physicians (here and here). After a brief public comment period, the Department released the final version of the Regulations. For analysis on what this means for physicians looking to register under PA’s Medical Marijuana Act, check out this post on Fox’s Physician Law Blog. Copyright: megaflopp / 123RF Stock Photo Joseph McNelis works in Fox Rothschild’s Blue Bell, PA office and focuses his practice on labor and employment matters. Joe... More
  • WV Medical Cannabis — What Employers Need to Know Earlier this week, I posted a quick update regarding West Virginia’s new medical cannabis statute. Over at Fox’s Employment Discrimination Report blog, my colleague Christina Stoneburner has some important details for WV employers on the new law. Check it out here.... More
  • Arkansas Legislature Adds Employer Protections to Medical Marijuana Law In November 2016, Arkansas passed a constitutional amendment (Amendment 98) establishing a medical marijuana program. The legislature recently added provisions to the law, resulting in significant protections for Arkansas employers. 123RF Copyright : W.Scott McGill  The amendment includes sections that clarify when an employer can take an adverse employment action against an employee who is a medical marijuana user, and some that place limits on an employee’s right of action under the law, such as: Limiting coverage to employers with 9+ employees Barring suit... More